Alotto v. City of Corning

Appellate Division of the Supreme Court of New York

Alotto v. City of Corning

257 A.D. 1028, 13 N.Y.S.2d 803, 1939 N.Y. App. Div. LEXIS 8954

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1939·Published·Cited by 1 cases

Opinion

Judgment and order affirmed, with costs. Memorandum: We affirm, with costs, the judgment and order appealed from, upon the ground that the complaint fails to allege that plaintiffs presented to the defendant’s common council their itemized and verified claim, as required by the Charter of the City of Corning. (Laws of 1905, chap. 142, § 30.) (See Thomann v. City of Rochester, 256 N. Y. 165; Curry v. City of Buffalo, 135 id. 366, 370.) All concur. (The judgment dismisses the complaint in an action to recover damages to property by change of grade of street.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. Memorandum: We affirm, with costs, the judgment and order appealed from, upon the ground that the complaint fails to allege that plaintiffs presented to the defendant’s common council their itemized and verified claim, as required by the Charter of the City of Corning. (Laws of 1905, chap. 142, § 30.) (See Thomann v. City of Rochester, 256 N. Y. 165; Curry v. City of Buffalo, 135 id. 366, 370.) All concur. (The judgment dismisses the complaint in an action to recover damages to property by change of grade of street.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

Alotto v. City of Corning, 257 A.D. 1028, 13 N.Y.S.2d 803, 1939 N.Y. App. Div. LEXIS 8954 (N.Y. Ct. App. 1939).

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